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554 So. 2d 578

E.J. v. State

District Court of Appeal of Florida

Decided December 19, 1989

District Court of Appeal of Florida · decided 1989-12-19

Relies on J. T. K. v. State · D. B. C. v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-12-19

How this case has been cited

Cited by 21 later decisions — most recently March 2018

21 state decisions

901989199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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COPE, Judge

¶1(concurring in part and dissenting in part).

¶2I concur with the treatment of the aggravated assault charge but would affirm the adjudication for throwing a deadly missile, proscribed by section 790.19, Florida Statutes (1987). Mrs. Gutierrez testified unequivocally and repeatedly that she saw E.J. “throw an object at the car,” and “heard [the object] hit [the car].” The witness need not be able to identify the object in flight in order to sustain the adjudication. Whatever E.J. threw was hard enough to dent the victim’s vehicle and, had it struck the occupants, would have produced great bodily harm. See § 790.19, Fla.Stat. (applicable to “stone or other hard substance”). The trial court was entirely correct in entering an adjudication of delinquency on that count.*

¶3The First District opinions are inapposite. In J.T.K. v. State, 341 So.2d 229 (Fla. 1st DCA 1976), the boxcars were unoccupied and thus were outside the statute. In D.B.C. v. State, 341 So.2d 230 (Fla. 1st DCA 1976), there was no factual basis on which to draw a conclusion whether a "missile, ... stone or other hard substance,” § 790.19, Fla.Stat., had been thrown at the train.

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